PITCH AND TOSS, EXETER, 1858.

At the Castle of Exeter on Thursday 2nd April 1858:

"Three lads, named SAMUEL DARCH, JOHN MERRIFIELD and JOHN VERSEY, were charged by P.C. Westcott, with playing at pitch and toss in the road leading from Paynter's Row to the Haven Banks, on Sunday last.

"The officer stated that he saw the defendants in the road on Sunday, and concealed himself in an adjoining garden to watch their movements.  Whllst there he saw the defendants playing at pitch and toss, and ultimately one of them threw up some coppers, and sang out 'two heads'  The officer then jumped into the road , and cried 'and I'll have the other.'

"For the defendants, Mr. Toby submitted that the allegation in the summons 'unlawfully gathered and wilfully obstructing the free passage' was not proved.  Mr Drake (magistrates' clerk) thought, however, that as there were several other persons present at the time, it was an unlawful gathering' and a 'wilfully obstructing the free passage.'

"The Bench then fined the defendants 1s each, and expenses." 

Playing at pitch and toss was the craze among the street boys of Exeter in the 1850s.  Here, three coppers had been thrown at a mark and the winner, i.e. the closest, had then tossed all three in the air. The ones that came down heads he could keep. The third coin should have gone to whomever threw the second closest but at this fateful juncture P.C. Westcot leapt from his ridiculous hiding place and spoiled their sport by charging them all three.

Pitch and toss was an offence because it involved gambling (but hardly!) and I think Mr. Toby was right to question the charge that they were wilfully obstructing  free passage but the Bench was resolved in its condemnation.. 

Source: The Western Times, 3rd April 1858